Kromko v. Arizona Bd. of Regents

In Kromko v. Arizona Bd. of Regents, 216 Ariz. 190, 193,12, 165 P.3d 168, 171 (2007), the issue was whether tuition at Arizona's state universities was "as nearly free as possible," as required by Article II, Section 6 of our state constitution. Id. at 191,1, 165 P.3d at 169. The court held this issue presented a nonjusticiable political question because setting university tuition was constitutionally entrusted to the other branches of government and not the Judiciary. Id. at 193,13, 165 P.3d at 171. The court also explained there was "no North Star to guide a court in making such a determination; at best, we would be substituting our subjective judgment of what is reasonable under all the circumstances for that of the Board [of Regents] and Legislature, the very branches of government to which our Constitution entrusts this decision." Id. at 194,21, 165 P.3d at 172.